The local San Diego USCIS office suggests that certain remedies may be available for military families facing the problem of ineligibility to adjust status because of unlawful entry by a family member seeking adjustment of status. Most often the situation occurs when a United States citizen service member’s spouse entered without inspection and thus cannot adjust status. Current way to fix the status is via Ciudad Juarez waiver process (I-601 waiver application).
One potential remedy is “Parole in Place,” where the District Director in San Diego, Mr. Paul Pierre, can parole the alien, who then will be eligible to adjust status. Paroling only cures the issue of admission or parole under INA § 245, not other inadmissibility issues. To seek Parole in Place, address the request to Mr. Pierre. Include the following:
1. Form I-131 (but it does not need to be paid for when applying)
2. Evidence of impending deployment
3. Proof of relationship of alien to the United States citizen service member
4. Evidence of hardship to the service member and how the situation affects the service member’s “readiness” to perform his or her mission in defense of the United States.
USCIS also has a program where I-601’s will be adjudicated at the United States Consulate in Ciudad Juarez at the time of an immigrant visa interview for the relatives of service members. Mr. Pierre also has the authority to grant Deferred Action. (Regarding issues of admission for adjustment of status purposes, read Sum v. Holder, 602 F.3d 1092 (9th Cir. 2010).)